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Abhinav semenar of thoma

1.
Law of the sea

2.
Law of the sea humen kind has exploited the sea for centuries and this has frequently led to conflict. With the adoption of the United nations Convention in 1982 the international communtiy crated a comprehensive frame work for legal governence of the sea as which ,over time ,has involved into the power full body of law.

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Use of law of the sea Spatial distribution of jurisdiction of States The contemporary international law of the sea divides the ocean into multiple jurisdictional zones Internal waters Territorial seas The contiguous zone The exclusive economic zone(EEZ) Archipelagic waters The continental shelf

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The Law of the Sea Treaty The Law of the Sea Treaty has always been a complicated documentcovering seabed mining, navigation, fishing, ocean pollution, marine research, and individual countries’ exclusive economic zones (EEZs).

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 The LOST established an International Seabed Authority (ISA), ruled by an Assembly and a Council, to govern deep seabed mining and redistribute income from the industrialized West to developing countries.

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uncols Geneva Conventions the primary instrument of governance for the seas United Nations Convention on the Law of the Sea was adopted in 1982

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Territorial Sea Sovereignty, subject to the Law of the Sea Convention (Art. 2)The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.This sovereignty extends to the air space over

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 Breadth (Art. 3)– Up to 12 nautical miles from baseline...• Measurement baseline (Art. 5): – Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.

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 Rights of Ships – innocent passage (Arts 17- 18) Art. 17: Subject to this Convention, ships of all States...enjoy the right of innocent passage through the territorial sea.Art. 18: 1. Passage means navigation through the territorial sea for the purpose of:(a) traversing that sea without entering internal waters or calling at aroadstead or port facility outside internal waters; or

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 Meaning of Innocent Passage (Art. 19):1. Passage is innocent so long as it is not prejudicial to the peace,good order or security of the coastal State. Such passage shall takeplace in conformity with this Convention and with other rules ofinternational law.2. Passage of a foreign ship shall be considered to be prejudicial tothe peace, good order or security of the coastal State if in the

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Exclusive Economic Zone Specific Legal Regime Created by UNCLOS Art. 55 - The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

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 Breadth Art. 57 - The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

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 Art. 58 - Rights and duties of other States in the EEZ1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, thefreedoms referred to in article 87 of navigation and overflight and of thelaying of submarine cables and pipelines, and other internationally lawfuluses of the sea related to these freedoms, such as those associated withthe operation of ships, aircraft and submarine cables and pipelines, and